Common use of Failure to make reasonable progress in the attainment of competencies Clause in Contracts

Failure to make reasonable progress in the attainment of competencies. (a) This clause does not apply where the reason for the failure of the apprentice or trainee to make reasonable progress in the attainment of competencies is due to the: (i) failure of either the employer or supervising registered training organisation to arrange the apprentice or xxxxxxx's training to be delivered by the supervising registered training organisation, within a period of time that would allow the apprentice or trainee to attain the competencies within the period specified in the schedules; or (ii) failure of the employer to release the apprentice or trainee for the training to be delivered by the supervising registered training organisation; or (iii) failure of the employer to provide adequate training and/or adequate supervision by qualified staff. (b) Where the employer considers that a competency will not be achieved within the period specified in the schedules, they shall notify the Training Recognition Council in writing within 14 days, in accordance with the provisions of Section 82 of the Training and Employment Act 2000, as amended from time to time. The matter shall be processed in accordance with the approved procedures of the Training Recognition Council. (c) Once the notification specified in clause 4.3.2(b) has been submitted, the apprentice or trainee shall not progress automatically to the next Wage Level through the completion of the period specified in the schedule. They shall remain on their existing rate of pay until the matter is resolved in accordance with this clause. (d) As a result of the processing of this matter in accordance with the approved procedures of the Training Recognition Council, the parties to the training contract, after consultation with the supervising registered training organisation, may agree that the period specified in the schedule needs to be extended to a new date that will allow the apprentice or trainee to attain the competencies required. In such cases, the period specified may be extended by written agreement of the parties to the training contract. The employer shall retain a copy of the written agreement and shall make it available for inspection. (e) If an employer fails to notify the Training Recognition Council in accordance with clause 4.3.2(b), or if the period specified in the schedule is not extended in accordance with clause 4.3.2(d), the apprentice or trainee shall progress to the next wage level at the completion of the period specified in the schedule. (f) Subsequent wage progressions shall be in accordance with the provisions of the relevant schedule.

Failure to make reasonable progress in the attainment of competencies. (a) This clause does not apply where the reason for the failure of the apprentice or trainee to make reasonable progress in the attainment of competencies is due to the: (i) failure of either the employer or supervising registered training organisation to arrange the apprentice or xxxxxxx's training to be delivered by the supervising registered training organisation, within a period of time that would allow the apprentice or trainee to attain the competencies within the period specified in the schedules; or (ii) failure of the employer to release the apprentice or trainee for the training to be delivered by the supervising registered training organisation; or (iii) failure of the employer to provide adequate training and/or adequate supervision by qualified staff. (b) Where the employer considers that a competency will not be achieved within the period specified in the schedules, they shall notify the Training Recognition Council in writing within 14 days, in accordance with the provisions of Section 82 of the Training and Employment Act 2000, as amended from time to time. The matter shall be processed in accordance with the approved procedures of the Training Recognition Council. (c) Once the notification specified in clause 4.3.2(b) has been submitted, the apprentice or trainee shall not progress automatically to the next Wage Level through the completion of the period specified in the schedule. They shall remain on their existing rate of pay until the matter is resolved in accordance with this clause. (d) As a result of the processing of this matter in accordance with the approved procedures of the Training Recognition Council, the parties to the training contract, after consultation with the supervising registered training organisation, may agree that the period specified in the schedule needs to be extended to a new date that will allow the apprentice or trainee to attain the competencies required. In such cases, the period specified may be extended by written agreement of the parties to the training contract. The employer shall retain a copy of the written agreement and shall make it available for inspection. (e) If an employer fails to notify the Training Recognition Council in accordance with clause 4.3.2(b), or if the period specified in the schedule is not extended in accordance with clause 4.3.2(d), the apprentice or trainee shall progress to the next wage level at the completion of the period specified in the schedule. (f) Subsequent wage progressions shall be in accordance with the provisions of the relevant schedule.clause